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Mahesh Kumar Agarwal vs Union of India & Anr 2025 INSC 1476

Case Synopsis

Mahesh Kumar Agarwal vs Union of India & Anr., 2025 INSC 1476.

Synopsis:  The Supreme Court ruled that the statutory bar on passport issuance for individuals with pending criminal cases (S.6(2)(f) of the Passports Act) is not absolute. If the criminal court itself grants permission for renewal while imposing conditions (like prior approval for travel), the applicant falls under a valid exemption. The Passport Authority must then renew the passport, as the controlling court's conditions adequately serve the law's purpose of securing the accused's presence. The judgment underscores that restrictions on the right to a passport (a facet of Article 21 liberty) must be proportionate and respect the primary authority of the seized trial court.


1. Heading of the Judgment

  • Case Name: Mahesh Kumar Agarwal vs Union of India & Anr

  • Citation: 2025 INSC 1476

  • Court: Supreme Court of India

  • Judges: Justice Vikram Nath and Justice Augustine George Masih

  • Disposition: Appeal Allowed.


2. Related Laws and Sections

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